Mack trial closing arguments to start Tuesday after snow day

TRENTON — Mother Nature once again ruled in Trenton Mayor Tony F. Mack’s public corruption trial Monday, with 4 to 6 inches of snow covering the Trenton area and delaying closing arguments at U.S. District Court in downtown Trenton.

The jury was supposed to receive their instructions from U.S. District Judge Michael A. Shipp Monday. Instead, they will receive their charge on Tuesday at noon, said Mark G. Davis, the mayor’s attorney when reached by phone Monday evening.

“The charge should be anywhere from 60 to 90 minutes,” Davis said.

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After the jurors receive their instructions, U.S. prosecutors will begin their closing arguments.

Then, Davis will present his closing on behalf of Mayor Mack, followed by Robert Haney, Ralphiel Mack’s attorney.

Monday’s postponement was the second time in the nearly month long trial to be delayed due to weather conditions. The federal courthouses in Trenton and Newark were both closed yesterday.

Davis said that he spent the entire weekend preparing for closing arguments. “I don’t have any further comment until the jury returns a verdict,” he said.

In Davis’ closing, he is expected to contend that the United States failed to prove their case. The burden of proof rests with the U.S. government to prove their case beyond a reasonable doubt.

Over the last month, Davis did not call any witnesses on the mayor’s behalf nor did the mayor take the stand in his own defense.

“I didn’t call any witnesses because the government didn’t prove their case,” Davis said last week after he rested his case.

Ralphiel Mack, the mayor’s brother, who is also on trial, called just one witness to the stand, a personal friend of Ralphiel’s who spoke less than 10 minutes. The United States called six witnesses: three FBI agents, Mary Mandfredo, owner of JoJo’s Steakhouse, Charles Hall III, a former city meter reader and Carmen Melendez, a former city acting director of housing and economic development.

Haney filed a mistrial and an acquittal motion last week arguing that there was no connection between the mayor and his brother besides being related to each other.

As of press time, both motions have yet to be ruled on. On Friday during an oral arguments session, Shipp demanded that the United States show him the mayor’s brother connection to the parking garage scheme.

In the scheme, U.S. prosecutors alleged that the mayor used his influence to move along a downtown parking garage in a vacant city-owned lot for a total of $119,000 in bribes. Eight bribe payments were split up from October 2011 to June 2012 paid out of FBI-marked money to advance the development.

The mayor has declared his innocence since his September 2012 arrest. The Mack brothers both face six counts of extortion and bribery relating to the parking garage. The pair face 20 years if convicted on all charges.

Four of the 16 jurors would be separated from the main jury pool after closing arguments. A vote from the jury would selects its foreman to serve as the jury’s spokesperson. Deliberations are expected to start late this week once closing arguments conclude.